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Suit for declaration – Limitation – Article 58 of the Schedule to the Limitation Act 21 of 1963 prescribes three years limitation from the date of the order, to seek a declaration. [PLRonline]

Departmental Enquiry Conclusion: Proceedings dated 10-12-1981 resulted in stopping two increments with cumulative effect. Filing of Suit: Suit filed on ...

Limitation to file a suit for declaration is three years.

Limitation to file a suit for declaration is three years. Relevant portion from the said judgment reads as under: - ...

Judgment on Admissions – Order XII, Rule 6, Civil Procedure Code, 1908

Judgment on Admissions - Order XII, Rule 6, Civil Procedure Code, 1908 Overview Admissions of fact made in pleadings or ...

Sarfaesi – Security Interest (Enforcement) Rules, 2002, Rule 9 – Auction – Confirmation – Rule 9(1) does not deal with the confirmation by the authorised officer it only provides confirmation by the secured creditor – There cannot be any forfeiture until and unless the sale is confirmed by the secured creditor. [ID# 1310103]

Rakesh Birani (Dead) through LRs v. Prem Narain Sehgal, 2018 PLRonline 1309 (SC), 2018 PLRonline 1309 (SC) DOWNLOAD ...

eSakshya (e-evidence)

It allows police to record crime scenes, search and seizure procedures in criminal cases, and upload the digital evidence files ...

IPC S. 363, 366 – Abductee minor had clearly stated that she was neither taken away nor induced and that she had left her home of her own freewill – Section 366 IPC would come into play. [PLRonline #418506]

Indian Penal Code, 1860, Section 363, 366 - Kidnapping would necessarily involve enticing or taking away any minor under eighteen ...

Motor Vehicles Act S. 173(1) – LMV license allows driving vehicles, including bulldozers, under 7,500 kg – Insurer failed to prove the bulldozer’s weight exceeded 7,500 kg – Construction equipment vehicles are non-transport vehicles – Insurers cannot deny liability on technical grounds.[#ID 425761]

Licence to drive a light motor vehicle if its unladen weight is less than 7,500 kgs – Can drive a ...

Limitation Act, 1963 S. 17 – Suit for recovery of earnest money – Limitation for recovering earnest money starts from contract non-performance or fraud discovery, not payment. Plaintiff proved fraud as the defendant had already sold the shops in question. PLRonline #2419302

limitation would start from the date of refusal of the execution of the agreement; as defined under the agreement; or ...

CPC O. 9, R. 13, and S. 96 (2) – proforma defendant is included as a defendant because they have the same rights and interests in the suit property as the plaintiff – – If the plaintiff succeeds, the proforma defendant also succeeds, and if the plaintiff fails, the proforma defendant also fails. [ID# 3311206]

(i)Civil Procedure Code, 1908, Order 9, Rule 13, and Section 96 (2) Judgment and Decree Challenged: The judgment and decree ...

CPC S. 51 – Execution – Imprisonment – Simple default to discharge is not enough – There must be some element of bad faith beyond mere indifference to pay, some deliberate or recusant disposition in the past or, alternatively, current means to pay the decree or a substantial part of it. [#216902]

PLR PLRonline 2006 PLRonline 0205 . SUPREME COURT OF INDIA Before:- V.R. Krishna Iyer and R.S. Pathak, JJ. Jolly George Varghese and another - Appellants ...

IPC S. 34, 149 – Distinction and similarity between Section 34 and 149 of IPC and also the circumstances when both Sections are simultaneously applicable. [#212601]

PLR PLRonline 2003 PLRonline 0101 SUPREME COURT OF INDIA Before:- N. Santosh Hegde and B.P. Singh, JJ. CHITTARMAL - Appellant Versus STATE OF ...

Indigent person – Motor vehicles Act. [1979 PLRonline 0002]

State of Haryana v. Darshana Devi, (SC) 1979 PLRonline 0002 SUPREME COURT OF INDIA Before:- V. R. Krishna Iyer and ...

Indigent person – Right to justice – The poor shall not be priced out of the Justice market by insistence on court-fee and refusal to apply the exemptive provisions of Order 33, CPC. [PLRonline]

2. The poor shall not be priced out of the Justice market by insistence on court-fee and refusal to apply ...

Indigent person – Is only a provision for the deferred payment of the court fees and this benevolent provision is intended to help the poor litigants who are unable to pay the requisite court fee to file a suit because of their poverty. [PLRonline]

Application of Order XXXIII of the Code, principles : (i) It is an enabling provision for filing of a suit ...

Indigent person – Payment of court fees as the scheme suggests is merely deferred. It is not altogether wiped off. [PLRonline]

R.V. Dev v. Chief Secretary, Govt. of Kerala (2007) 5 SCC 698, in para 8 whereof it was observed : ...

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Suit for declaration – Limitation – Article 58 of the Schedule to the Limitation Act 21 of 1963 prescribes three years limitation from the date of the order, to seek a declaration. [PLRonline]

Limitation to file a suit for declaration is three years.

Judgment on Admissions – Order XII, Rule 6, Civil Procedure Code, 1908

eSakshya (e-evidence)

IPC S. 363, 366 – Abductee minor had clearly stated that she was neither taken away nor induced and that she had left her home of her own freewill – Section 366 IPC would come into play. [PLRonline #418506]

Limitation Act, 1963 S. 17 – Suit for recovery of earnest money – Limitation for recovering earnest money starts from contract non-performance or fraud discovery, not payment. Plaintiff proved fraud as the defendant had already sold the shops in question. PLRonline #2419302

IPC S. 34, 149 – Distinction and similarity between Section 34 and 149 of IPC and also the circumstances when both Sections are simultaneously applicable. [#212601]

Indigent person – Motor vehicles Act. [1979 PLRonline 0002]

Indigent person – Right to justice – The poor shall not be priced out of the Justice market by insistence on court-fee and refusal to apply the exemptive provisions of Order 33, CPC. [PLRonline]

Indigent person – Is only a provision for the deferred payment of the court fees and this benevolent provision is intended to help the poor litigants who are unable to pay the requisite court fee to file a suit because of their poverty. [PLRonline]

Indigent person – Payment of court fees as the scheme suggests is merely deferred. It is not altogether wiped off. [PLRonline]

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